People v. Brexton

Illinois Appellate Court
Criminal Court
Citation
Case Number: 
2011 IL App (2d) 110606
Decision Date: 
December 28, 2012
District: 
2d Dist.
Division/County: 
Stephenson Co.
Justice: 
SCHOSTOK
Holding: 
Affirmed in part and vacated in part.
Defendant's conviction of retail theft must be vacated under one-act, one-crime rule, as that conviction and conviction of theft by emergency exit were based on a single theft of a TV from retail store. Where defense counsel did not object to trial date, but stated that trial date was "fine" and that court had scheduled trial in accordance with Defendant's right to a speedy trial, the trial continuance is considered agreed to by Defendant. A defendant must object to a trial dely to avoid tolling the speedy-trial period, regardless of whether Defendant then realizes that trial is set outside of 120-day window. (BURKE and JORGENSEN, concurring.)